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A defendant was declared guilty on retrial of raping Gisele Pelicot after she was rendered comatose by her spouse – and has had his prison sentence extended to a decade.

Higher Court Case

Husamettin Dogan, 44, an out-of-work construction worker, who had appealed his first conviction last year, experienced a retrial this week at the higher court in Nîmes.

A panel of five men and four women, joined by three judges, found Dogan guilty on Thursday of raping the victim in her residence in southern France in the morning of 29 June 2019.

The testimony revealed that the accused, a family man, connected with Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum named “without her knowledge”, where Pelicot was recruiting men to visit his house to assault his wife after he had rendered her unconscious into a deep sleep.

We expect the court will affirm that in this country, human rights are also women’s rights – that consent is individual, not delegated,” said the victim's attorney, Antoine Camus. “Consent is obtained directly and not by proxy from a spouse.”

Background

Dominique Pelicot, among the most severe sexual predators in modern French history, was given a prison term to 20 years in prison last year for sedating his spouse and soliciting numerous individuals to rape her in her home in the town of the village of Mazan over a span of nearly ten years of their marriage.

Fifty other men were found guilty in a notable trial last year, and Dogan was the sole individual to contest his verdict. He was first handed a term to nine years in prison, a punishment increased on Thursday to 10 years.

The lead state prosecutor, the prosecutor, had contended he should serve 12 years, because he “completely denies to take any responsibility”.

Courtroom Details

The defendant had first sent the husband graphic images and then traveled an hour from his residence in Provence to assault Gisèle Pelicot, after informing his wife he was going out, the court heard.

The ex-husband, who was brought from segregation in prison to briefly provide testimony at the retrial, stated to the court that Dogan had been aware his wife had been “drugged” and he told to men by phone: “I seek someone to assault my wife after I’ve put her to sleep without her knowledge.”

The trial became a central issue for a broader debate on rape culture in society as the defendant continued to say he was not guilty and had not engaged in violation, stating that because the victim's husband had welcomed him into the bedroom, his actions had been permissible.

The panel in the higher court was presented with recorded footage of Gisèle Pelicot’s unconscious figure, sedated and snoring in a deep sleep, while a grinning Dogan engaged in violation multiple times over a timeframe of what police said was 3.5 hours. The presiding judge said she had been at peril of fatal outcome by asphyxiation. The state's case said there was no doubt that she had been incapacitated and had not agreed.

Defendant's Statements

Dogan told the court the footage were simply “sex scenes” and denied it was rape. He said what he did was “a sexual act”, not rape. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” Dogan stated to the court. “I proceeded because he persuaded me.”

Inquired if he wanted to make a final statement to the court, the defendant said: “I never wanted to injure that individual.”

Pelicot's Words

The survivor, who was applauded upon leaving court each day by onlookers assembled to support her, addressed the defendant in court: “You haven’t understood. When will you acknowledge you assaulted me? It is unlawful to assault an unaware woman. How could I have give you permission? Not once.”

Gisèle Pelicot, 72, became an international feminist hero after she waived her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

Sie, turning to Gisèle Pelicot in court, said the defendant's failure to take responsibility showed that: “Guilt has not shifted. The community is possibly in the midst of that, maybe driven by the public consciousness resulting from the exposure of your case.”

The prosecutor said Dogan’s claims of non-guilt showed how normalized violence was still prevalent in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change rape culture to a ethos of permission.”

The prosecutor addressed Dogan: “As long as you refuse to admit it, it’s not just a person, it’s an entire disturbing social system that you are endorsing.”

Personal History

Dogan was born in Turkey and at the age of five came to France, where his father worked as a caretaker. The evidence indicated that his parent was abusive and that Dogan began smoking cannabis aged 10. When he was 17 he was apprehended by authorities for drug trafficking and his parent kicked him out of home. He served time in prison for trafficking in his twenties and had worked as a construction worker but had undergone periods of living on the streets.

He was wed and had a child with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a school canteen. The evidence showed his wife did not know he had regular extramarital activities outside their union. His legal team said this was his method of dealing with his stressful life. The defendant had informed a evaluator that each year he engaged in paid sex on his special day. His lawyers informed the court he had joint inflammation triggered by the pressure of the original case.